Case law

Patel v. Gonzales

126 F. App'x 283 · Court of Appeals for the Sixth Circuit · Mar 30, 2005

The first step is whether the applicant qualifies as a refugee, as defined in 8 U.S.C. § 1101(a)(42)(A). Ouda, 324 F.3d at 451. … Petitioner Does Not Qualify as a Refugee The Immigration Judge concluded that even if Patel’s testimony were credible, he neither demonstrated past persecution nor established a well-founded fear of future persecution

Thompson v. Bell

Court of Appeals for the Sixth Circuit · Jun 23, 2004

qualified response, counsel for Respondent never asked Crown was of the opinion that Petitioner was severely Dr. Crown whether, assuming that Dr. … It quite clearly did exist, and that evidence was in expert testimony to establish that Thompson suffered habeas counsel’s possession, via Dr.

Abdoulaye Traore v. Eric Holder

358 F. App'x 677 · Court of Appeals for the Sixth Circuit · Dec 22, 2009

Although we find this administrative determination clearly erroneous and unsupported by the record when viewed as a whole, the provisions of 8 U.S.C. § 1158(a)(3) deny jurisdiction to any court to review such a timeliness … Thus, to qualify for withholding of removal, the petitioner “must establish that there is a clear probability that he will be subject to persecution if forced to return to the country of removal.”

United States v. Gerald Gibbs

646 F. App'x 403 · Court of Appeals for the Sixth Circuit · Apr 21, 2016

Well, is it probable – is it clearly improbable that the firearm on the 30th was connected with the offense? I can’t say that it’s clearly improbable. … Although Gibbs maintains that the guns were protection of his family, not drugs or drug proceeds, this assertion does not establish that it was “clearly improbable” that firearms and the guns were connected to the relevant

Wagenknecht v. IRS

Court of Appeals for the Sixth Circuit · Jul 9, 2008

A judge who acts in excess of his jurisdiction is immune from suit, whereas a judge who acts in a clear absence of any jurisdiction might not be immune from suit. See Stump, 435 U.S. at 355-57. … Therefore, judicial immunity bars Wagenknecht’s arguments.

Doggrell v. Great Southern Box Co., Inc., of Mississippi

206 F.2d 671 · Court of Appeals for the Sixth Circuit · Jul 9, 1953

Wicks, 75 Tenn. 40 ." 21 The state policy of Tennessee as evinced by the Supreme Court in several decisions has been to retain rigid control of the method by which a foreign corporation qualifies to do business within the … Smith, 134 Ark. 23 , 203 S.W. 6, 8 , the court in its opinion quoted with approval from Cook on Corporations, Vol. 1, Section 234, as follows: "The great weight of authority has clearly established the rule that where a supposed

Crawford v. Navistar Intern. Transp. Corp.

879 F.2d 864 · Court of Appeals for the Sixth Circuit · Jul 17, 1989

Renfro claims that he clearly was more qualified for the position of foreman in molding to which Clift transferred in Louisville. … Thus, we conclude that there is no basis for finding clearly erroneous the district court's determination that Navistar met its burden of establishing that it was motivated by a legitimate, non-discriminatory purpose. 49

In re: Colleen Renee Trudel v.

Court of Appeals for the Sixth Circuit · Aug 8, 2014

“If two views of the evidence in a case are permissible, the choice between those views made by the fact finder is not clearly erroneous.” Michigan v. … To prove “additional circumstances,” the Debtor had to establish that her medical issues precluded her from improving her financial condition.

James Calloway v. Caraco Pharm. Lab., Ltd.

Court of Appeals for the Sixth Circuit · Aug 26, 2015

The District Court’s Factual Findings Were Not Clearly Erroneous Finally, Caraco argues that several of the district court’s factual findings were clearly erroneous, including: (1) that Movens repeatedly refused to … Accordingly, the district court’s factual findings were not clearly erroneous. III.

Jerry R. Harris v. Troy D. Welch

979 F.2d 850 · Court of Appeals for the Sixth Circuit · Nov 13, 1992

Plaintiff clearly carried the burden to introduce this evidence to support his claim, if it existed, but has failed to do so. … A fair reading of Count Two of the complaint demonstrates that it is clearly a cause of action for fraud and misrepresentation.

Clyde M. Smith v. Tennessee Valley Authority

924 F.2d 1059 · Court of Appeals for the Sixth Circuit · Feb 4, 1991

We are asked to decide: 2 --Whether the district court clearly erred in ruling that the TVA did not discriminate against Smith based on his age under the theory of disparate treatment; and 3 --Whether the district court clearly … Disparate Treatment 14 A plaintiff establishes a prima facie case of intentional age discrimination when he shows that he was a member of the protected class, 40-70 year olds; he was discharged; he was qualified for the position

United States v. Gary Moore

390 F. App'x 503 · Court of Appeals for the Sixth Circuit · Aug 5, 2010

“A factual finding is clearly No. 09-5054 United States v. … This holding is based on a long- standing rule that probable cause to search a car does not mean that “a person, by mere presence in a suspected car, loses immunities from search of his person to which he would otherwise

In Re John W. BYRD, Jr., Movant

269 F.3d 544 · Court of Appeals for the Sixth Circuit · Sep 10, 2001

The movants in Sonshine and Green could not establish cause because the new claims they sought to raise were not new or novel. … Although Byrd's initial federal habeas petition predated the effective date of the AEDPA, this attempt at filing a second habeas petition is clearly governed by the AEDPA. Cf. Slack v.

Tommy Morgan v. New York Life Insurance Company

Court of Appeals for the Sixth Circuit · Mar 12, 2009

(2) was discharged, (3) was qualified for the position held, and, lastly, (4) was replaced by someone outside of the protected class.” … While New York Life correctly argues that courts should not second guess a company’s business decisions, the record establishes quite clearly that the company found extenuating circumstances in certain instances when a younger

Hunter v. Lewis

Court of Appeals for the Sixth Circuit · Oct 4, 2005

The court determined, moreover, that the evidence presented at trial could not have established guilt on any charge less than voluntary manslaughter. … Certainly, it is obvious that the state court’s disposition was not contrary to clearly established federal constitutional law, because the failure of the trial court to give an instruction on criminally negligent homicide

Thomas Judge v. Metropolitan Life Insurance Co.

710 F.3d 651 · Court of Appeals for the Sixth Circuit · Mar 25, 2013

When any claim is made for any benefit described in this certificate, Proof must establish: the nature and extent of the loss or condition; Our obligation to pay the claim; and the claimant’s right to … MetLife did not improperly consider, for example, whether Judge could do some job for which he was clearly not fit. Cf. Kalish No. 12-1092 Judge v. Metropolitan Life Ins. Co.

Anderson v. Messinger

146 F. 929 · Court of Appeals for the Sixth Circuit · Jun 5, 1906

.- The annual accounts of my said trustees,, signed by their respective names, shall be binding on my heirs and shall be conclusively so unless error or fraud be clearly established. … The persons named as trustees accepted their appointments, and they also qualified as executors.

Bonnie Collins and Billie Fryman v. Webber Farms, Inc.

932 F.2d 967 · Court of Appeals for the Sixth Circuit · May 15, 1991

for the job is not clearly erroneous. … Therefore, the district court's conclusion that Sparks was better qualified is not clearly erroneous.

Gloria Durante v. Ohio Civil Rights Commission

902 F.2d 1568 · Court of Appeals for the Sixth Circuit · May 24, 1990

The court, treating the case as one based solely upon discriminatory discharge, found that Durante failed to make a prima facie case because she did not establish that she was qualified and competent to do her job and that … is clearly barred by the Eleventh Amendment to the United States Constitution.

Rutherford v. City of Cleveland

179 F. App'x 366 · Court of Appeals for the Sixth Circuit · Jun 1, 2006

They established a minority-hiring target of not less than 35.8%, a figure “based upon external labor market figures contained in the 1970 census.” Id. ¶ 12(a), JA at 589. … The parties offer two different definitions of the qualified labor pool: (a) of those people who qualified to take and actually took the examination, the percentage who were minorities (the City defendants’ qualified labor